SHIVASHANKARBHAT, J.

( 1 ) W. P. . NO. 12587/85 is by Bharatiya veterinary Educational Society and three others (all of them are collectively referred hereinafter as ' the society' or as society and its co-petitioners ). W. P. . Nos. 14696 and 18238/1985 are by 102 petitioners, who are referred as the 'students'. The first two respondents are common in these writ petitions. In the writ petitions filed by the students, the society is impleaded as the 3rd respondent and the college in question is the 4th respondent.

( 2 ) THE society seeks the quashing of section 6-A of the University of Agricultural sciences Act, 1963 (a State enactment - referred hereinafter as 'the Act'), by declaring the said section as unconstitutional. In the writ petitions filed by the students, they seek a direction to the State government to initiate an appropriate action against the society and the college, by invoking Section. 27-A of the Karnataka societies Registration Act, in the light of section 6-A of the Act. They also seek provisions to be made to protect the interest of these and other similarly situated students; alternatively, they seek a direction to treat them as students of the 2nd respondent university for the purpose of their educational pursuits leading to the award of b. V. Sc. Degree/a. P. M. Degree, etc.

( 3 ) THE society states that in the year 1983 it established a veterinary college called 'bharatiya Veterinary College' and has been running it ever since (as on the date of writ petition) with a unique mission of transferring veterinary technology to the aspiring motivated and eligible candidates. It asserts as having highly qualified teaching staff and that the students were given both theoretical and practical training in veterinary sciences. It sought recognition from the second respondent University. The University replied that, in the absence of a specific provision in the University of Agricultural science Act, 1963, question of giving affiliation to any private college or recognising the degree offered by the petitioner-college, was not within the purview of the University. Society also asserts as having sought affiliation from the bangalore University; it also addressed a letter to the University Grants Commission, which advised the college to seek affiliation with an Indian University, before the college could be considered for grant of deemed university status under Section 3 of the university Grants Commission Act. This was in May 1985. The society also refers to a letter dated 19-7-1984 addressed by the president of Karnataka Veterinary Council, to the petitioner-college appreciating the efforts of the college to establish a veterinary institution; the President of the said Council also pointed out that he was not in a position to help the society in the direction of recognising its institution by the Government. The society avers that, in view of the procedural difficulties experienced by it in getting the affiliation, it got its college affiliated to and recognised by an American university, called 'new Port University'. It is stated, that the said American University had accepted to give degrees conferred by it to the students of the petitioner college.

( 4 ) ON 10th June, 1985 the Governor promulgated an Ordinance amending the act. This was replaced by University of agricultural Sciences (Amendment) Act, 1985 with effect from 10th June, 1985. Section 6-A thus introduced reads thus:-"6a: Affiliation or admission to previleges etc. No educational institution situate within the State of Karnataka imparting education of the type specified in Sec. 4 of for the purposes specified therein shall be associated in any way with or affiliated to any other University outside be admitted to any privileges of and the State of karnataka and any such affiliation granted by any such other University to any such institution within the State of Karnataka prior to the commencement of the university of Agricultural Sciences- (Amendment)

Click Here to Read the rest of this document